At the time, David said: "I like RiRi. This is not personal, it's strictly business. Musicians commonly pay to sample music or use someone's beats and there should be no difference when sampling an artist's visuals."

The case has now been settled by Rihanna out of court for an undisclosed sum, and David's publicist says he is "happy with the settlement."

David's lawsuit pointed out similarities between the video and eight of his photos including one of a dominatrix walking a chained man on a leash, a woman in latex headgear and Rihanna posing in front of newspaper headlines, which he argued was similar to a shot he took of Lady Gaga posing with newspaper headlines stuck to her body.

Rihanna's representative and record label have yet to comment on the lawsuit.

While her legal troubles with David may be over, the video is also subject to legal action from Paris based photographer Philipp Paulus.

He claims an image of his has was recreated without permission in the 'S&M' video.

He singles out a particular shot of his own where a model in a billowy gown is trapped against a wall by a sheet of plastic, surrounded by large X symbols made from black tape, similar to how Rihanna is presented in part of her video.